Compliance with protective regulations by the project manager

Section 14 (1) No. 8 GenTSV stipulates that the project manager is responsible for immediately notifying the operator of any incident that does not correspond to the expected course of the genetic engineering work or release and where there is a suspicion of a threat to the legal interests referred to in Section 1 No. 1 GenTG. Accidents and incidents during the experiment that were not taken into account in the risk assessment must be reported in any case. However, this only applies if they give rise to the suspicion of a threat to the life and health of humans, the environment in its interactions, animals, plants, and material goods. In this case, it must be taken into account that a threat to the employed personnel is sufficient. Legally, a danger can be assumed at least if, if the process continues unhindered, damage is to be expected. The project manager only complies with the requirement of promptness if he or she notifies the operator without culpable delay. Both the danger and the immediacy of the situation apply: the greater the potential damage, the sooner and faster the operator must be informed. Based on the clear wording in this regard, notification to the BBS is unlikely to be sufficient.

This publication can also be found on the website of the law firm Dr. Kauch .